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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108023
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I HAD DENIED MY 485 ADJUSTMENT OF STATUS BECAUSE IN 1998

Customer Question

I HAD DENIED MY 485 ADJUSTMENT OF STATUS BECAUSE IN 1998 THEY FOUND A BIRTH CERTIFICATED TRYING ATTEMP TO ENTER TO UNITED STATES.
JA: What state are you in? And can you tell me a little more about the situation driving this?
Customer: IN NC
JA: Has anyone consulted a lawyer yet? If so, what country is the lawyer in?
Customer: YES I WENT WITH A LAWYER TO MY INTERVIEW
JA: Anything else you want the lawyer to know before I connect you?
Customer: I WENT TO MY INTERVIEW HERE IN CHARLOTTE NC LAST YEAR AND THEY DENIED MY VISA FOR THAT REASON .
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

I'm not sure I understand your situation. Are you saying that they found evidence that you tried to enter the U.S. illegally before, or that someone else did and they are mistaking them for you? If they are mistaken, how can you prove that it is a mistake?

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

Has it been longer than 30 days since denial of the I-485?

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

If you had a birth certificate that said you were a U.S. Citizen, meaning you made a false claim to U.S. Citizenship, then you are permanently barred from ever getting U.S. Lawful Permanent Residency.

A person who falsely represents or has falsely represented him- or herself to be USC to obtain benefit under INA, federal, or state law is removable. This section applies to representations made on or after Sept. 30, 1996. IIRIRA §344(c). Congress has provided an exception and a person will not be subject to deportation or removal if:

(1) parents were or are USCs; (2) the person permanently resided in the U.S. prior to 16; and (3) the person reasonably believed at the time of making such representations that he or she was a USC.

I am truly sorry. I wish I had better news for you.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!